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NB: Administrative Law and Administration Practice
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Modern problems of legal regulation of the use and protection of aquatic biological resources

Semenova Irina Vladimirovna

Junior Researcher; Department of Environmental, Land and Agrarian Law; Institute of State and Law of the Russian Academy of Sciences

10 Znamenka str., Moscow, 119019, Russia

ssem.irina@gmail.com
Other publications by this author
 

 

DOI:

10.7256/2306-9945.2024.3.71754

EDN:

EUNOUF

Received:

18-09-2024


Published:

25-09-2024


Abstract: The author discusses the current state of legal regulation of fisheries in the Russian Federation and relations related to the use and conservation of aquatic biological resources. It provides an overview of the main legislative framework in this area and the specifics of its implementation. The author highlights the main types of fishing activities. Special attention is given to the challenges facing the industry and measures taken to address them. One particular issue discussed is violations of regulations related to amateur fishing, which can lead to depletion of aquatic biological resources and pollution of aquatic resources. The importance of preventing adverse consequences for the fishing industry caused by external factors is emphasized, using the example of measures taken by the Russian Federation to limit fish imports from Japan in 2023. It is noted that the Russian fishing industry is currently undergoing a process of global modernization. A significant part of this process is the mechanism of investment quotas. The author analyses various points of view on this project. Some argue against it, while others support the favorable outcomes of the investment quota mechanism. It is noted that, even a partial implementation of the program would lead to an improvement in the equipment state of the industry. The article review the current state of legal regulation of the fisheries complex of the Russian Federation, the use and protection of aquatic biological resources. The author provides a description of the main regulatory framework in this area, highlights the main types of fishing and the specifics of their regulation at the legislative level. Special attention is paid to the problems of the industry and the measures taken to solve them. Conclusions and suggestions for improving the considered gaps in government regulation are formulated.


Keywords:

aquatic biological resources, government regulation, rational use, fisheries, legal regulation, resources, modern problems, conservation of resources, investment quotas, renovation

This article is automatically translated. You can find original text of the article here.

An ecosystem is a single complex natural complex formed by living organisms and their habitat (atmosphere, soil, reservoirs, etc.), in which living and inanimate components are interconnected by metabolism and energy, forming together a stable integrity (Ecological system (ecosystem). // The official website of the Ministry of Emergency Situations of Russia [Electronic resource]. URL: https://mchs.gov.ru/ministerstvo/o-ministerstve/terminy-mchs-rossii/term/3376?ysclid=mexx02lemb141949394 (accessed: 08/19/2024)). Aquatic biological resources (hereinafter referred to as UBR) are an inseparable part of it. When the habitat is polluted, predatory attitude towards their use, and non-compliance with the requirements for the conservation of resources, adverse consequences occur for the entire environment. In this regard, the need to establish and improve measures aimed at the rational use and protection of VBR is of indisputable importance for any country.

Russia has rich aquatic biological resources. According to the statistics of the Federal Agency for Fisheries, the total volume of production (catch) VBR in all regions of the Russian Federation in 2023 amounted to 5,369 thousand tons, which exceeds the same indicator for 2022 by 9% (The results of the activities of the Federal Agency for Fisheries in 2023 and the tasks for 2024. Materials for the meeting. // Official website of the Federal Agency for Fisheries [Electronic resource]. URL: https://fish.gov.ru/otraslevaya-deyatelnost/ohrana-vodnyh-bioresursov / (date of access: 08/23/2024)).

The importance of the resources under consideration is not only that they are an indispensable source of nutrition containing elements important for human life, but also in their impact on the country's economy, since the sovereignty of any state in relation to aquatic animals and plants allows ensuring food security of the population [1, p. 136].

Aquatic biological resources form the basis for the functioning of the fishing industry, the main activities of the industry in question traditionally include fishing, fish farming and fish processing. For a number of regions of the Russian Federation, primarily coastal ones, it is a city-forming one, and acts as the main source of employment for the population [2]. In turn, the development of the fishing industry also contributes to the development of related industries, providing them with a raw material base. Currently, the fisheries industry is at the stage of global transformations, which are designed to solve, in particular, the issues of significant depreciation and a relatively low level of production efficiency of fixed assets of the fisheries complex (NF RF. 2019. No. 48. St. 6905.).

Federal Law No. 166-FZ of December 20, 2004 "On Fisheries and Conservation of Aquatic Biological Resources" (hereinafter – the Law on Fisheries) (Federal Law "On Fisheries and Conservation of Aquatic Biological Resources" December 20, 2004 No. 166 // Rossiyskaya Gazeta. 2004 No. 284. with amendments and additions. ed. dated 05/29/2024.) the following species of animals and plants belong to aquatic biological resources – fish, aquatic invertebrates, aquatic mammals, algae, other aquatic animals and plants in a state of natural freedom (paragraph 1, paragraph 1 of Article 1). At the same time, it is also worth noting that the legislative concept of fishing contained in the This law defines it as an activity for the extraction of aquatic biological resources, as well as for the acceptance, processing, transshipment, transportation, storage and unloading of catches of aquatic biological resources, and the production of fish products. (paragraph 9, paragraph 1 of Article 1).

The types of VBR that are objects of fishing are called commercial [3]. Currently, there is no legal definition of this concept. According to Part 1 of Article 15 of the Law on Fisheries, fishing is allowed in relation to those types of aquatic biological resources, the extraction (catch) of which is not prohibited. While the government of the Russian Federation shall be established by the lists of the types of FBG (the order of the Government of the Russian Federation of November 18, 2017 No. 2569-R "On approval of the lists of species of aquatic biological resources in respect of which are industrial and (or) coastal fisheries in the inland sea waters of the Russian Federation, in the territorial sea of the Russian Federation, on the continental shelf of the Russian Federation, in the exclusive economic zone of the Russian Federation, the Caspian sea and areas of action of the international treaties of the Russian Federation in the field of fisheries and conservation of aquatic biological resources" (Official Internet portal of legal information www.pravo.gov.ru, 2017, No. 0001201711220010))in respect of which are commercial fisheries (except commercial fishing in inland waters of the Russian Federation with the exception of the internal waters of the Russian Federation (order of the Ministry of agriculture of the Russian Federation of October 6, 2017 No. 501 "On approval of the list of species of aquatic biological resources, are subject to commercial fisheries in inland waters of the Russian Federation, except for the internal waters of the Russian Federation and the annulment of the orders of the Ministry of agriculture of Russia" (the Official Internet portal of legal information www.pravo.gov.ru, 2017, No. 0001201710310062))) and (or) coastal fisheries, and the Ministry of agriculture of the Russian Federation is also determined by the list of the most valuable and valuable aquatic species (order of the Ministry of agriculture of the Russian Federation dated 23 Oct 2019 No. 596 "On approval of the List of especially valuable and valuable species of aquatic biological resources" (Official Internet portal of legal information www.pravo.gov.ru, 2019, No. 0001201912160083)) (part 2 and 3 of article 15).

The following types of fishing are legally fixed: industrial, coastal, amateur, fishing for research and control purposes, fishing for educational and cultural and educational purposes, fishing for aquaculture (fish farming), and fishing is also separately allocated in order to ensure the conduct of a traditional lifestyle and the implementation of traditional economic activities of indigenous peoples The North, Siberia and the Far East of the Russian Federation (Part 1 of Article 16 of the Law on Fisheries). Each of the considered types has its own specifics of legal regulation. So, in 2018, a law was adopted regulating relations in the field of amateur fishing (NW of the Russian Federation. 2018. No. 53 (Part I). Article 8401.), which establishes additional restrictions for amateur anglers. This legislative act introduced special rules for the implementation of the type of fishing in question, for example, a ban on the use of chemical and explosive substances, net fishing gear, rules on the prohibition of spearfishing in certain cases, daily catch rates of VBR (which are specified in the Rules of fishing of specific basins), etc. (art. 7). The issues are also regulated as follows so–called "paid fishing" - according to the provisions of the law under consideration, business entities engaged in their organization will cease their activities from December 31, 2020 (with the exception of the conditions of part 2 of Article 18). These norms relate to activities aimed at granting citizens the right to catch aquatic biological resources for a fee, but entrepreneurs will be able to continue to provide services that contribute to the implementation of amateur fishing (rent boats, fishing equipment, provide an instructor, etc.) [4, p. 42]. Amateur fishing is a common leisure activity among the population. Unfortunately, many fishermen do not follow the rules established by the current legislation. They continue to use nets into which small fish fall and die, do not comply with daily catch rates, which cannot favorably affect the population of species. To solve these problems, it is necessary not only to tighten responsibility for unscrupulous fishermen, but also to form a responsible attitude towards the environment among the population [5, p. 28].

The Law on Fisheries also defines the configuration of the legal regulation of the use and protection of the VBR. Thus, Article 3 of the law specifies the following elements of this configuration:

1. Federal laws (for example, the Fisheries Act);

2. Laws of the subjects of the Russian Federation (for example, the Law of the Republic of Dagestan dated February 2, 2012 No. 7 "On Fisheries and Conservation of aquatic biological resources in the territory of the Republic of Dagestan" (NW of the Republic of Dagestan, 2012. No. 3. Article 63.));

At the same time, the importance of taking into account the legislation of the subjects in law enforcement on the issues under consideration is also noted by the Supreme Court of the Russian Federation. Thus, paragraph 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation draws attention to the fact that "fishing and conservation of aquatic biological resources are regulated not only by federal legislation, but also by regulatory legal acts of the subjects of the Russian Federation. In this regard, in order to ensure the correct application of legislation when considering criminal cases in each specific case, it is necessary for the courts to establish and reflect in the verdict which legal norms were violated as a result of the commission of a crime" (Resolution of the Plenum of the Supreme Court of the Russian Federation dated 11/23/2010 No. 26 (ed. dated 10/31/2017) "On some issues of application by courts of legislation on criminal liability in the field of fisheries and conservation of aquatic biological resources (part 2 of Article 253, Articles 256, 258.1 of the Criminal Code of the Russian Federation)").

3. Decrees of the President of the Russian Federation (For example, Decree of the President of the Russian Federation dated May 5, 1992 No. 436 "On the Protection of Natural Resources of Territorial Waters, the Continental Shelf and the Economic Zone of the Russian Federation" (Vedomosti of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992 No. 19, art. 1048.));

4. Government resolutions regulating relations in the field of fisheries and conservation of aquatic biological resources, within the powers defined by the Law on Fisheries, other federal laws, as well as regulatory decrees of the President of the Russian Federation (For example, Decree of the Government of the Russian Federation dated June 25, 2021 No. 996 "On Approval of the Regulations on Federal State Control (Supervision) in the field of fisheries and conservation of aquatic biological resources" (Federal Law of the Russian Federation. 2021. No. 27 (Part II). Article 5384.));

5. Regulatory legal acts of federal executive authorities regulating relations in the field of fisheries and conservation of aquatic biological resources, in cases and within the limits provided for by federal laws, decrees of the President of the Russian Federation and Resolutions of the Government of the Russian Federation (For example, Rosrybolovstvo Order No. 238 dated May 6, 2020 "On Approval of the Methodology for Determining the Consequences of Negative Impacts during Construction reconstruction, major repairs of capital construction facilities, the introduction of new technological processes and the implementation of other activities on the state of aquatic biological resources and their habitat and the development of measures to eliminate the consequences of negative effects on the state of aquatic biological resources and their habitat aimed at restoring their disturbed state" (Official Internet portal of legal information www.pravo.gov.ru , 2021, No. 0001202103050029.));

6. Regulatory legal acts of the executive authorities of the subjects of the Russian Federation regulating relations in the field of fisheries and conservation of aquatic biological resources;

7. Regulatory legal acts of local governments regulating relations in the field of fisheries and conservation of aquatic biological resources.

Various aspects of legal regulation affecting relations in the field of the use and protection of VBR are also contained in other regulatory legal acts of the federal level. These include: Federal Law No. 209-FZ of July 24, 2009 "On Hunting and Conservation of Hunting Resources and on Amendments to Certain Legislative Acts of the Russian Federation" (Federal Law of the Russian Federation. 2009. No. 30. Article 3735), Federal Law No. 191-FZ of December 17, 1998 "On the Exclusive Economic Zone of the Russian Federation" (Federal Law of the Russian Federation. 1998. No. 51. Article 6273), Federal Law No. 155-FZ of July 31, 1998 "On Internal Sea Waters, Territorial Sea and Adjacent Zone of the Russian Federation" (Federal Law of the Russian Federation. 1998. No. 31. Article 3833), Federal Law No. 187-FZ of November 30, 1995 "On the Continental Shelf of the Russian Federation" (NW RF. 1995. No. 49. Article 4694) (Chapter III. Features of fishing on the continental shelf), Federal Law No. 52-FZ of April 24, 1995 "On Wildlife", etc. Each of these laws contains provisions related to VBR. For example, Article 31.2 of the Federal Law "On Internal Marine Waters, the Territorial Sea and the Adjacent Zone of the Russian Federation" regulates the specifics of conducting marine resource research of aquatic biological resources.

Special attention is also paid to the WBR in the Water Code of the Russian Federation. In paragraph 1 of Article 3 of the Water Code, the principles on which water legislation is based include: the importance of water bodies as the basis of human life and activity. Regulation of water relations is carried out based on the idea of a water body as an important component of the environment, the habitat of objects of the animal and plant world, including aquatic biological resources, as a natural resource used by humans for personal and household needs, economic and other activities, and at the same time as an object of ownership and other rights.

The Decree of the President of the Russian Federation No. 950 dated August 29, 1997 "On measures to ensure the protection of marine biological resources and State control in this area" (NW RF. 1997. No. 35. St. 4060) is also important. According to the decree, the Federal Border Guard Service is responsible for solving the tasks of ensuring the protection of the biological resources of the territorial sea, the exclusive economic zone and the continental shelf of the Russian Federation, as well as for the implementation of state control in this area. However, since 2007, the functions of ensuring the protection of aquatic biological resources of the territorial sea, internal marine waters, the exclusive economic zone and the continental shelf of the Russian Federation have been performed by border authorities within one of the divisions of the Federal Security Service (Force is not the only weapon in security matters. // Official website of the Border Guard Service of the FSB of Russia [Electronic resource]. URL: http://ps.fsb.ru/fps/smi/appearance/detail.htm%21id%3D10320831%40fsbAppearance.html (date of application: 06/27/2024).

In addition to the President of the Russian Federation, the Government of the Russian Federation also plays an important role in ensuring the preservation of the UBR by legal means. For example, the Decree of the Government of the Russian Federation dated November 13, 2009 No. 921 approved the "Regulation on the implementation of fishing for research and control purposes" (NW RF. No. 46. 2009. Article 5504.). This document establishes the procedure for scientific organizations to carry out fishing for research and control purposes in the internal waters of the Russian Federation, including the internal sea waters of the Russian Federation, in the territorial sea of the Russian Federation, on the continental shelf of the Russian Federation, in the exclusive economic zone of the Russian Federation, in the Azov and Caspian Seas, as well as during for the specified purposes of work on ships located on the high seas, sailing under the State flag of the Russian Federation and assigned to ports of the Russian Federation.

It should also be noted the importance of the international treaties of the Russian Federation in the field of fisheries and conservation of the VBR. A number of international agreements are devoted to the protection of aquatic biological resources. The relevant provisions are contained both in general documents, for example, in the 1982 United Nations Convention on the Law of the Sea (NW RF. No. 48. 1997. Article 5493.), which provides for a number of issues related to the extraction and use of VBR, as well as in specialized acts. An example of the latter is the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) (1980) (See: URL: https://www.ccamlr.org/en/document / publications/basic-documents-December-2011 (accessed: 08/15/2024)), the main purpose of which is prevention of significant harm to marine biological resources due to the negative impact of economic activities on them. At the same time, under the term "conservation of marine biological resources", this document, in addition to protection, also implies their rational use [6, p. 11]

The problems of terminology defining living organisms related to aquatic biological resources in various regulatory legal acts deserve special attention. O.B. Shavyrina notes that both the UN Convention on the Law of the Sea and other international treaties use very diverse, not equivalent terms to denote living organisms living in the marine environment [7, p. 121]. If we analyze the US legislation, we can see that the concept of "living marine resources" according to the US Magnuson-Stevens Fisheries Act of 1996 includes seabirds [8, p. 33]. D.O. Sivakov also correlates the concept of VBR with the concept of "living marine resources", which is contained in the Agreement between the Government of the Russian Federation and The European Community on Cooperation in the field of fisheries and Conservation of Living Marine Resources in the Baltic Sea in 2009 (hereinafter – the Agreement). These resources mean the entire diversity of marine flora and fauna species. According to the scientist, the concept of "living marine resources" is close to the concept of "aquatic biological resources". However, Russian law includes living marine water resources in the more general term "aquatic biological resources" along with freshwater flora and fauna [9, p. 15].

In our opinion, the comparison of these concepts is not entirely correct, since in the case of an Agreement, the Parties agreed on cooperation in the Baltic Sea, and, accordingly, the terminology used meets the needs of the act in question, separating living marine resources from the more general concept of WBR.

In order to eliminate the ambiguity of approaches to understanding the concept of aquatic biological resources, it seems advisable to bring the terminological base to uniformity. From our point of view, the concept of UBR, which is contained in the Law on Fisheries in force in the Russian Federation, takes into account all possible organisms that fall under this category of biological species.

The mention of aquatic biological resources can be found in various international treaties, both bilateral and multilateral. For example, in Article 4 of the Convention on the Legal Status of the Caspian Sea of 2018 (Convention on the Legal Status of the Caspian Sea, August 12, 2018 // Official website of the President of Russia [Electronic resource]. URL: http://www.kremlin.ru/supplement/5328 .) it is indicated that the Parties carry out activities in the Caspian Sea for the purposes of navigation, fishing, use and protection of aquatic biological resources, exploration and development of its seabed and subsoil resources, as well as other activities in accordance with this Convention, compatible with it by separate agreements of the Parties and their national legislation.

The Russian Federation is also a party to the International Convention on Fisheries in the North-Eastern Part of the Atlantic Ocean (Convention on Fisheries in the North-Eastern Part of the Atlantic Ocean London, November 18, 1980 // ATP Consultant.), under which the Contracting Parties established and operate the Commission on Fisheries in the North-Eastern part of the Atlantic Ocean (NEAFC) (Protection of aquatic biological resources. // Official website of the Federal Agency for Fisheries [Electronic resource]. URL: https://fish.gov.ru/otraslevaya-deyatelnost/ohrana-vodnyh-bioresursov / (date of access: 08/01/2024)). It is impossible not to agree with D. O. Sivakov's statement that acts of international "soft" law, especially the Code of Conduct for Responsible Fisheries, adopted in 1995, are of great importance for national legal regulation in this area [10, p. 178]. Despite the fact that its compliance is voluntary, it covers almost all aspects of fisheries regulation in the world and is a guide for any country.

As we noted earlier, our state is forced not only to take measures aimed at ensuring the internal stability of the system of production, consumption and distribution of RBM, but also to ensure the safety of this system from external threats. An example of this is the restriction by the Russian Federation of fish imports from Japan in 2023 due to the discharge of water from the Fukushima-1 nuclear power plant. A little earlier, a similar decision was made by the Chinese government, and South Korea extended the embargo on the import of fish and seafood from Japan (Russia restricted fish imports from Japan after China. // RBC Newspaper [Electronic resource]. URL: https://www.rbc.ru/economics/16/10/2023/652cd40e9a79473075519edd. (date of application: 08/05/2024)). The Japanese plan to discharge water into the Pacific Ocean, approved by the International Atomic Energy Agency (IAEA), caused a public outcry – the issue of the safety of its implementation was questioned by experts not only from China, Korea and Russia, but also criticized by environmentalists in Japan itself (Fukushima: Japan announces it will dump contaminated water into the sea. //TheGuardian [Electronic resource]. URL: https://www.theguardian.com/environment/2021/apr/13/fukushima-japan-to-start-dumping-contaminated-water-pacific-ocean. (date of application: 08/11/2024)).

According to the head of the Federal Agency for Fisheries, I.V. Shestakov, a global modernization of the fisheries is currently underway, and a significant part of it is the mechanism of quotas for investments in the construction of fish processing plants and modern fishing vessels (Ilya Shestakov: The industry is undergoing global modernization. // Official website of the Federal Agency for Fisheries [Electronic resource]. URL: https://fish.gov.ru/news/2024/05/23/ilya-shestakov-v-otrasli-idet-globalnaya-modernizacziya / (date of access: 08/22/2024)). At the moment, the second stage of the investment quota program is already underway (in parallel with the first stage), the need for the introduction of which in 2022 caused a public outcry among representatives of the fishing industry. In the 2010s, the problem of the equipment of the Russian fisheries complex manifested itself – fishing vessels were outdated, the fleet required updating. Since 2004, the "historical principle" of granting quotas has been in effect in the industry, according to which they were assigned to companies on the basis of auctions held in the 2000s [11, p. 138]. Initially, these measures contributed to the development of the industry, helped bona fide companies to strengthen and stabilize the fisheries. Over time, this has led to barriers to entry into the industry and reduced competition. The companies that received quotas had to update the vessels themselves and invest in their modernization, however, results in this direction were not observed for a long time (State auditors recognized the mechanism of investment quotas for the extraction of aquatic biological resources as ineffective // RBC Newspaper [Electronic resource]. URL:https://www.rbc.ru/newspaper/2022/10/20/634e7d3f9a79471dd47eb0e8?ysclid=m0727dpwl5547599076 (accessed: 08/23/2024)). The state has decided to change the mechanism and introduce investment quotas for the extraction of VBR – in exchange for commitments to build new fishing vessels at Russian shipyards or onshore processing plants. (On bezrybye. How will the assessment of the effectiveness of fish quotas affect the law "On Fisheries"? // Газета.ги [Electronic resource]. URL: https://www.gazeta.ru/social/2022/12/16/15945343.shtml?ysclid=m072wwuoim788026899&updated (accessed: 08/23/2024)).

The first stage of the program started in 2017, it involves the construction of 105 ships and 27 fish processing plants. Despite the negative assessment of the Accounting Chamber of the Russian Federation, the second stage began on January 1, 2023, which is aimed at allocating investment quotas for fishing in the Far Eastern basin. However, its introduction has raised concerns among experts about the possibility of adverse consequences for the industry. Thus, in March 2022, the All-Russian Association of Fishermen (VARPE) analyzed the draft law and concluded that the losses of the fishing industry from the second stage would exceed the volume of investments by 3.2 times (VARPE's conclusion on the explanatory note to the draft federal law "On Amendments to the Federal Law "On Fisheries and Conservation of Aquatic Biological Resources" in in terms of increasing the efficiency of the allocation of quotas for the extraction (catch) of aquatic biological resources." // The official website of the All-Russian Association of Fishermen [Electronic resource]. URL: https://www.varpe.org/news/zaklyuchenie_varpe_na_poyasnitelnuyu_zapisku_k_zakonoproektu_o_vtorom_etape_investitsionnykh_kvot/?ysclid=m074y76i44366106273 (accessed: 08/23/2024)). According to the conclusions of the Accounts Chamber, the bill may cause negative consequences not only for business and regional budgets, but also affect the prices of fish products on the consumer market (In the fishless. How the assessment of the effectiveness of fish quotas will affect the law "On fisheries". // Газета.ги [Electronic resource]. URL: https://www.gazeta.ru/social/2022/12/16/15945343.shtml?ysclid=m072wwuoim788026899&updated (accessed 08/23/2024)). The President of the Association of Fishing Industry Enterprises of the Khabarovsk Territory also noted the impact of sanctions restrictions on the construction time of the fleet (Fishermen of the Far Eastern Federal District do not agree with the hasty introduction of the second stage of the investment quota. // The Internet portal of Rossiyskaya Gazeta [Electronic resource]. URL: https://rg.ru/2022/07/28/reg-dfo/rybaki-dfo-ne-soglasny-so-speshnym-vvodom-vtorogo-etapa-investkvot.html?ysclid=m06ze5i6ua660906321 (accessed 08/23/2024)). Nevertheless, Rosrybolovstvo is confident in the implementation of the first stage program, despite the postponement of construction dates. And they also see positive results of the second stage of the investment quota program (State auditors recognized the mechanism of investment quotas for the extraction of aquatic biological resources as ineffective // RBC Newspaper [Electronic resource]. URL:https://www.rbc.ru/newspaper/2022/10/20/634e7d3f9a79471dd47eb0e8?ysclid=m0727dpwl5547599076 (accessed: 08/23/2024)). In our opinion, it is too early to talk about the positive or negative impact of the ongoing program. According to plans, by 2027, all 105 vessels should be ready as part of the first stage (22 have been built so far) (The head of Rosrybolovstvo, Ilya Shestakov, spoke about the reform of the industry and tasks for the future. // Official website of the Federal Agency for Fisheries [Electronic resource]. URL: https://fish.gov.ru/news/2024/03/26/glava-rosrybolovstva-ilya-shestakov-rasskazal-o-reforme-otrasli-i-zadachah-na-budushhee-v-ramkah-raboty-mezhdunarodnoj-nauchno-prakticheskoj-konferenczii-rybohozyajstvennyj-kompleks-rossii-300 / (date of access: 08/22/2024)). Based on the above statistics, it can be concluded that the probability of achieving the planned results is not so great, however, even a partial upgrade of the equipment of the fishing industry will have a beneficial effect on its development. It is worth noting that the consequences of the second stage of the program are still debatable.

As we noted earlier, the fishing industry in Russia is at the stage of global changes. According to the FAO report, the level of global consumption of fish products will only increase every year. Our country has a huge potential for large-scale development and improvement of fisheries. One of the main directions of the industry reform is the introduction of an investment quota mechanism in addition to the historical principle of allocating quotas for the extraction of RBM. Despite the fact that the norms in question were adopted more than 7 years ago, many experts still express their concerns about the possible negative impact of these measures. The legal regulation of the use and protection of VBR is multifaceted and requires a prompt response from the state. It covers not only minimizing the occurrence of internal crises and taking into account the specifics of regional peculiarities, but also requires ensuring their protection from the negative impact of external factors (for example, the consequences of decisions by governments of other States concerning the safety and conservation of the habitat of the UBR, a ban on the import of substandard fish products that do not meet established requirements, etc.).

It is impossible not to agree with the opinion that the priority of international cooperation in the field of protection and use of VBR, ideally, should be their protection, and second of all, the development of resources [12, p. 19], since the intensification of economic activity leads to the emergence of new risks and threats, including the habitat of VBR. Such global threats include global warming, as a result of which the temperature of the world's oceans is rising, which leads to the death of entire marine ecosystems (URL: https://naked-science.ru/article/nakedscience/renessans-korallovyh-rifov ?ysclid=m1f2gutjg92259611(accessed: 08/22/2024)). Another global threat to the VBR today, as scientists note, is the problem of microplastic pollution [13, p. 2].

In conclusion, I would like to note that the conservation and rational use of RBM should be one of the directions in state policy, since this fully meets the objectives of ensuring environmental and food security of our country.

References
1. Sivakov, D. O. (2017). Legal regulation of fishing in Russia and foreign countries: general and special. Journal of Foreign legislation and Comparative Jurisprudence, 5(66), 135-141.
2. Vakorin, D. V. & Uzhakhova, L. M. (2019). Features of the development of the fishing industry in Russia. Bulletin of the AGTU. Series: Fisheries, 4.
3. Bachinskaya, V.M., Gonchar, D.V. & Yudenok, Yu.G. (2022). Main types of commercial fish. Innovative science, 5-2, 126-127.
4. Nedova, N. S. (2020). Amateur fishing: some aspects of the new legislation. Agrarian and land law, 6(186), 40-42.
5. Shchankin, A. A. & Strebkova, M. V. (2023). Ecological problems of amateur fishing. Science Time, 1(108), 27-31.
6. Savenkov, A.N. & Rednikova, T.V. (2020) Antarctica yesterday, today, tomorrow: to the 200th anniversary of the discovery. State and law, 7, 7-24.
7. Shavyrina, O.B. (2018). Some legal aspects of aquatic biological protection. International Journal of Applied and Fundamental Research, 10, 126-130.
8. Sivakov, D. O. (2015). Legislation on fisheries and conservation of aquatic biological resources: origin, trends and prospects. Agrarian and land law, 1(121), 32-35.
9. Sivakov, D. O. (Ed.). (2022). Legislation on fisheries and conservation of aquatic biological resources in questions and answers: a scientific and practical guide. Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M.
10. Sivakov, D. O. (2012). Legal regulation of fishing in Russia and abroad. Bulletin of MNEPU, 1, 177-187.
11. Sivakov, D. O. (2019). Legal Institute of investment quotas in the field of fisheries. Journal of Russian Law, 10, 136-144.
12. Rednikova, T.V., Kudelkin, N.S. & Ma S. (2018). State policy of Russia and the People's Republic of China in the field of environmental protection of the Arctic: prospects for international and bilateral cooperation. International law and international organizations, 2, 17-31.
13. Kudelkin, N.S. (2022). The Arctic and global warming: adaptation to climate change and environmental protection. Legal studies, 1, 1-16.

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The subject of the research in the article submitted for review is, as its name implies, modern problems of legal regulation of the use and protection of aquatic biological resources. The stated boundaries of the study are not fully respected by the author (mainly the article deals with the problems of the fishing industry, however, all types of VBR, as is known, are not exhausted by one fish). Therefore, the name of the work is broader than its content. The methodology of the research is not disclosed in the text of the article. The relevance of the research topic chosen by the author is undeniable and justified by him as follows: "An ecosystem is a single complex natural complex formed by living organisms and their habitat (atmosphere, soil, reservoirs, etc.), in which living and non-living components are interconnected by metabolism and energy, forming together a stable integrity (Ecological system (ecosystem). // The official website of the Ministry of Emergency Situations of Russia [Electronic resource]. URL: https://mchs.gov.ru/ministerstvo/o-ministerstve/terminy-mchs-rossii/term/3376?ysclid=mexx02lemb141949394 (accessed: 08/19/2024)). Aquatic biological resources (hereinafter referred to as UBR) are an inseparable part of it. When the habitat is polluted by VBR, predatory attitude to their use, and non-compliance with the requirements for conservation of the resource, adverse consequences occur for the entire environment. In this regard, the need to establish and improve measures aimed at the rational use and protection of VBR is of indisputable importance for any country. Russia has rich aquatic biological resources. According to the statistics of the Federal Agency for Fisheries, the total volume of production (catch) VBR in all regions of the Russian Federation in 2023 amounted to 5,369 thousand tons, which exceeds the same indicator for 2022 by 9% (The results of the activities of the Federal Agency for Fisheries in 2023 and the tasks for 2024. Materials for the meeting. // Official website of the Federal Agency for Fisheries [Electronic resource]. URL: https://fish.gov.ru/otraslevaya-deyatelnost/ohrana-vodnyh-bioresursov / (date of access: 08/23/2024)). The importance of the resources under consideration is not only that they are an indispensable source of nutrition containing elements important for human life, but also in their impact on the country's economy." Additionally, the scientist needs to list the names of the leading experts who have been engaged in the study of the problems raised in the article, as well as reveal the degree of their study. The scientific novelty of the work is virtually absent. The study is of an overview, superficial nature, representing a compilation of a number of sources used in its writing. The author does not offer original definitions of the key concepts of the article ("aquatic biological resources", "commercial aquatic biological resources", etc.), does not identify new patterns of legal regulation of the use and protection of VBR, does not put forward a logically coherent concept of modern legal regulation of the studied relations, does not propose specific measures to improve the current Russian legislation in this area. As already noted, the article mainly deals with the fishing industry, but all types of VBR are not limited to one fish. The author abuses the citation. The degree of independence of the research is low. Thus, in the form submitted for review, the article does not make a special contribution to the development of domestic legal science. The scientific style of the research is fully sustained by the author. The structure of the work is logical. In the introductory part of the article, the scientist substantiates the relevance of his chosen research topic. In the main part of the work, the author describes some modern problems of legal regulation of the use and protection of aquatic biological resources. The final part of the article contains conclusions based on the results of the study. The content of the article does not fully correspond to its title. It is not without other disadvantages. So, the author writes: "When the habitat is polluted, predatory attitude towards their use, non-compliance with the requirements for the conservation of the resource, adverse consequences occur for the entire environment" - "resources". The scientist notes: "The state decided to change the mechanism and introduce investment quotas for the extraction of VBR – in exchange for commitments to build new fishing vessels at Russian shipyards or onshore processing plants, the state allocated 20% of the allowable catch to certain types of VBR" - the proposal has not been agreed. The author indicates: "According to plans, by 2027, all 105 vessels should be ready within the first stage (22 vessels have been built to date)" - "22 vessels". The scientist writes: "In conclusion, I would like to note that the conservation and rational use of VBR should be one of the directions in state policy, since this fully meets the objectives of ensuring environmental and food security of our country" - "In conclusion". Thus, the article needs additional proofreading - spelling, punctuation and stylistic errors occur in it (the list of errors given in the review is not exhaustive!). The bibliography of the study is presented by 5 sources (scientific articles). From a formal point of view, there should be at least 10 sources. There is no appeal to opponents, which is unacceptable for a scientific article. The author refers to a number of theoretical works and analytical materials solely to confirm his judgments or to illustrate certain provisions of the study. He does not enter into a scientific discussion with specific scientists. There are conclusions based on the results of the study ("As we noted earlier, the fishing industry in Russia is at the stage of global changes. According to the FAO report, the level of global consumption of fish products will only increase every year. Our country has a huge potential for large-scale development and improvement of fisheries. One of the main directions of the industry reform is the introduction, in addition to the historical principle of allocation of quotas for the extraction of RBM, of the mechanism of investment quotas. Despite the fact that the norms in question were adopted more than 7 years ago, many experts still express their concerns about the possible negative impact of these measures. The legal regulation of the use and protection of VBR is multifaceted and requires a prompt response from the state. It covers not only minimizing the occurrence of internal crises and taking into account the specifics of regional peculiarities, but also requires ensuring their protection from the negative impact of external factors (for example, the consequences of decisions of governments of other states concerning the safety and conservation of the habitat of the UBR, a ban on the import of substandard fish products that do not meet the established requirements, etc.). In conclusion, I would like to I would like to note that the conservation and rational use of RBM should be one of the directions in state policy, since this fully meets the objectives of ensuring environmental and food security of our country"), however, they do not have the property of scientific novelty, and therefore need to be clarified and specified. The interest of the readership in the article submitted for review can be shown primarily by specialists in the field of administrative law, environmental law, provided that it is finalized: disclosure of the research methodology, additional justification of the relevance of its topic (within the framework of the comment made), expansion of the theoretical base of the work, deepening its content, introduction of elements of scientific novelty and discussion, clarification and concretization of conclusions based on the results of the conducted research, elimination of violations in the design of the article.

Second Peer Review

Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.

The subject of the study. In the peer-reviewed article "Modern problems of legal regulation of the use and protection of aquatic biological resources", the subject of research is the norms of law governing public relations in the field of use and protection of aquatic biological resources. Research methodology. In the course of writing the article, modern research methods were used: general scientific and private (such as dialectical, logical, historical, comparative legal, formal legal, etc.). The methodological apparatus consists of the following dialectical methods of scientific cognition: abstraction, induction, deduction, hypothesis, analogy, synthesis, and it is also possible to note the use of typology, classification, systematization and generalization. The relevance of research. The topic of the article seems to be very relevant. One can agree with the author that aquatic biological resources are not only an indispensable source of nutrition containing elements important for human life, but also have an impact on the country's economy, "since the sovereignty of any state in relation to aquatic animals and plants allows ensuring food security of the population." In this regard, it is correctly noted that "... the legal regulation of the use and protection of the VBR is multifaceted and requires a prompt response from the state. It covers not only minimizing the occurrence of internal crises and taking into account the specifics of regional peculiarities, but also requires ensuring their protection from the negative impact of external factors (for example, the consequences of decisions by governments of other states concerning the safety and conservation of the habitat of the UBR, a ban on the import of substandard fish products that do not meet established requirements, etc.)." Doctrinal developments On this issue, they are important for improving modern domestic legislation and law enforcement. Scientific novelty. Without questioning the importance of the scientific research conducted earlier, which served as the theoretical basis for this work, nevertheless, it can be noted that this article also contains provisions that are characterized by scientific novelty, for example: "... our state is forced not only to take measures aimed at ensuring the internal stability of the system of production, consumption and distribution of UBR but also to ensure the security of this system from external threats." The article presents other research results that deserve attention from the point of view of practical significance. The results of this study can be assessed as a definite contribution to the domestic legal science. Style, structure, content. In general, the article is written in a scientific style using special legal terminology. The requirements for the volume of the article are met. The content of the article corresponds to its title. The article is structured. However, it cannot be said that the introduction meets the established requirements for this part of the scientific article. The introduction should indicate the relevance and practical significance of the study, the goals and objectives of the study, research methods, and research results. In this part, the article needs to be finalized. In addition, the conclusion should present the specific results of the study, and not be limited to a general conclusion. The remarks are disposable and do not detract from the work done by the author. Bibliography. The author has used a sufficient number of doctrinal sources, including recent years. References to sources are designed in compliance with the requirements of the bibliographic GOST. Appeal to opponents. The article presents a scientific controversy. Appeals to opponents are correct, decorated with links to the sources of publication. Conclusions, the interest of the readership. The article "Modern problems of legal regulation of the use and protection of aquatic biological resources" submitted for review can be recommended for publication with the condition of finalizing the introduction and conclusion on the requirements for publications in scientific journals (presented on the publisher's website). The article is written on an urgent topic, is characterized by scientific novelty and has practical significance. A publication on this topic could be of interest to a readership, primarily specialists in the field of environmental law, and could also be useful for teachers and students of law schools and faculties.